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HomeMy WebLinkAbout1986-08-21Town of Dryden Planning Board lust 21,1986 Planning Board met- Aug.219186,Ch'r.B.Caldwell called meeting to order 8 :10PM. Members present** J, Lee, R. M. Bobnick, Chr. Caldwell, R. Lampila, R. Chase, H. Slater, Z. 0. Stewart. Absent: B. Lavine. Also present: M. Webb, B. Dolph, A. Reed, C. Page, D. Gilbert, C. Brown, F. Beck, K. Belden, Atty, P. Winn, D. Galbraith, & R. Stumbary C. ralobroni. Public hearing for Ormsby "Buzz01 Dolph, Jr.Application 16 lot; subdivision.(Hungerford Notch) off Ellis Hollow Fad. B.Dolph presented map & profile of slopes & grades. Pointed out existing roads, future proposed -road to be deeded to Town, NYSEG r -o ®w separating quarry from proposed subdivision, each lot to be two acres plus - -most area wooded, slightly sloped, small creek(puttinj In 4° culvert,) large pond. Board questioned Health Dept.status. Anderson on vacation last week -- hadn't reed drawing till Mon; this week -- nothing rec d yet -- requests from Health Dept. will be taken care of. Bond questioned traffic visibility on Ellis Hollow Ad. Dolph replied good, D.Gilbert(Highway Superintendent) stated he'd checked road plans -- everything good. Dolph pointed out they expect to have number of restrictive covenants requiring dollar values on homes $150,000 minimum. Houshg control committee (made up of general partnership) will review all plans before anyone builds, be sure quality homes constructed. CALDWELL: Prior to hearing,you filed sample deed restrictions. DOLPH: 3 different sets proposed restrictions- -1st set deals w/ • lots having direct access to pond - -only 2 have use of pond. Grantee shall not use herbicides or pesticides or permit sewage, chemicals or other materials to drain, leach,enter pond. 2nd, - Grantee shall not alter,divert,or otherwise use up water from pond or springs feeding pond. .No duplexes. If dwelling is con- structed on premises & contains apt.dwe111ng, shall consist of less than 50% of entire premises. Another set of covenants dealing with lots 617,8,11 -16 also have some restrictions(leaching into water - shed.) Lots 1 -5 have nothing to do w /pond. Dolph talked to NYSEG (Geo. Mayer ). MacDowell drawing f inished�mv couldn't give written conformation allowing cross under of their r -o -w until they see profile which has to go to Binghamton for review -- assured by Mayer it's within limits, but no written conformation. DOLPH* Filed agreement with County Clerk(Carl Sears) to out across his corner & small triangle left- .would,be conveyed to go w /l.ot #11. You have copies of agreement. CALDWELL questioned drainage during construction. L.FABBRONI: Board has copy of letter from Gay Lamotte� lot line swales, above sand filters run off surface water to bring drainage to roadside ditches. Will build filter fabric dams made of hay • bales & filter fabric -- (pointed out on map where lots drain to spillways, & diversion swales. M 20 H,Sj,.ATER suggested Bd.walk site,Caldwell exp alned they had over past 5 years for various proposals for this land. A.Reed questioned water availability. B.Dolph dug his own well- -69' -- 13 gallon per minute.) B.Caldwell asked for questions from public. Richard Stumbar, Ithaca Atty.,representing Mary Katzenstein who own property to N.W. adjacent on large pond, concerned about drainage -- questioned # of lots draining into pond. LFABBRONI: 6 lots & #10 go into spillway first -not right into pond. STU14BAR concerned about salt & other debris draining into pond and difficulty getting out phosphates,nitrates,& other chemicals w /sand filters. FABBRONI said salt added factor - -sand filters better than fill systems-.-felt no problem as far as Anderson concerned.Katzen- stein deed has restriction - -no chemicals entering pond. DIRK GALBRAITH(Ithaca Atty.f or Mr. &Mrs.John Bird, adjoining property owners) Their property surrounds smaller pond fed by larger pond so whatever gets into large pond, gets into Bird pond. Galbraith asked B.Caldwell if Bd.had assumed lead agency status for purposes of SEQR, to which 'she replied '*under our interpretations this would be unlisted action." GALBRAITH* "Am I not correct that someone has to make negative declaration?" CALDWELL* There could be either 2 negative declarations by both agencies involved or could be negative by 1 and positive by 1. 0 GALBRAITH:On basis of Mr.Stumbar's statement and Mr.Fabbroni's answer, it would seem project poses potential for significiant enviromental impact in terms of drainage. I'm advised entire area flows into Cascadilla Creek. On behalf of clients(Birds') I ask that this Board not make negative declaration, but require developer to file draft of impact statement & physically address Issue on drainage -- (exactly what material going into ponds from roads-- salt,phosphates,nitrates.) Mr.Fabbrmni very candid - -could not answer tonight. I think that's purpose to draft impact. R.LAMPILA questioned size of ponds.. DOLPH* Lg.pond approx 3 acres multi -level ranging 4 to 20' deep- - bass & sunfish in ponds. R.CHASE.It's relatively pollution free at this point? DOLPH* Sustains fish - -plant life- -parts are quarry,other parts shale,slag areas -- actual bottom difficult to explain- -more than quarry floor- -just cliff and stone. H.SLATER:(questioned attys.) If property transferred to exact restriction clause in transfer to people you represent,isn't Mr.Dolph fulfilling his legal obligations cif he does that? STUNBAR:My opinion, no - -I think it's a ruse- -you can't hide behind deed restrictions- -he's going to transfer, knowing that he has sand filters planned, roads that drain into pond knowing they're going to kick in phosphates,nitrates,salt into pond.It's • viable pond with fish -- people bought properties & use for swim- ming and recreation. It's a pretty location. What we're heading for by dumping is an ecological disaster to pond. Little drainagt out of pond in summer time, but chemicals coming in will cause concentrates of rapid plant growth and could turn into swamp rather than pond, We've retained engineer Peter Nevelli from Ithaca to speak to those ecological problems. H.SLATER: I was only speaking from legal point of views. R.STUMBAR:I gave you my legal answer -- absolutes H. SLATER: You said, "I feel". R. STUMBAR: All attorneys say "I feel." H.SLATER: How can restriction get tougher? I could see it being lax,but can't see it being more severe than when it was origin- ally to people you're representing. R.STUMBAR: When you transfer knowing, it's meaningless. H.SLATER: Then they bought it meaningless. R.STUMBAR: That may be so, unfortunately law books behind those kinds of things. H.SLA.TER: But precedent was set when transferred first time., R.STUMBAR: How was it set in original transfer? H. SLATER: Restrictions are there -- original transfers from Finger Lake Stone to Katzenstein. Think legally he must comply with original clauses- -how can you make them any stiffer? R.CHASE: We have 2 issues here. -salt for one and level to which sand filter is able to filter out phosphates. • D.GALBRAITH: Nevelli can speak accurately on that. Let's forget legalities and look at this in common sense terms. Finger Lakes sold lot to Mr. &Mrs.Katzenstein and deed had covenant - -a promise. They promised not to dump chemicals into pond- -that promisse bind- ing, not only on Finger Lake Stone but whoever subsequently buys it. They have to abide by it. Now if you set up situation where you have sand filter put in knowing in advance it's going to per- mit phosphates & nitrates to pass thru it into soil & leach into pond, you know there's going to be violation of promise. Doesn't matter a darn what's written on piece of paper- -you know promise is going to be broken. H.SLATER: But they have to comply with it. D.GALBRAITH: Yes, but soon as you put sand filter & septic system on lots, you know there's going to be violation of promise-- it'siN .vitable -- doesn't matter what's written. H.SLATER: Probably every system violating some ecological require- ment. Important point - -is it harmful content, or such minute con- tent that-it effects nothing nature takes own accounts for - -that' the point. Whatever point is, we have to comply with it and see i doesn't happen. D.GALBRAITH: One of reasons I felt draft enviromental impact statf Nment appropriate,it'd answer question I don't think are answered by developers. Mr.Nevelll could shed light on exactly what kind of thing4 come out of septic systems. B.CALD1dELL: Before we have Nevelli propose his comments, Mr.Gilber how much salt is actually used on Town of .Dryden Road? D.GILBERT: Our mixture has been running around 75% sand & 25,E salt. 4-0 Ck ELL: any idea how much would ne done in typical �vptnter? , LAM ILA: That particular area flat,which would be facoor, GILBERT: Can't come up with figure for that - -use little salt, NEVELLI: (Ithaca engineer) Mr,Katzenstein ask me to take objective look to see what impact this development would be on pond he has right toe Sand filters very good for removing what we call bio- chemicals, but problem is, they lot other soluble substances like nitrates & phosphates pass right through. This is a very unpollutc pond - -weeds in there are pond weeds that grow in ponds w /low sed- iment on bottom. Only takes small amount of nitrates in water to trigger development of swamp, I'd roughly calculate in week's time from ono -site septic systems(figuring 8 -10 lots)could kill phos- phate level past critical range & trigger swamp development. FABBRONI: Anderson thought sand filter better option, SLATER :Can you guarantee worries these people having are going to be taken care of adequately? FABBRONI; I don't think there's great amount of evidence that will destroy pond. R.CHASE; Assuming Board takes lead agency, none of us engineers, right now we're seeing 2 conflicting statements. Have any econo- mical or feasible solution if Board should become lead agency & decide pond couldn't sustain output? FABBRONI: We could put fill systems in instead. R,CHASEe Which would mean filtering thru more & more soil? FABBRONI: That's right, Any comments? NEVILLI: I'd still be skeptical - -fill system another type of ' alternative system we use in case we don't have good soil. LAMPIL'A explained similar situation on own property. -much smaller (1/3 acre pond at foot of hill & road, sanded & salted. No problem, w /run off yet after 9 years, Still have healthy pond w /bass. DOLPH: When we built "Birds" pond it was for trout -- man made spr ? extra filtration system from drainage ditch. I'm not engineer,bu.O I built that pond and have watched it many yrs. & it has always remained clear,I have lived on this property all my life, I con- tinue to live on it & I'm going to be neighbors w /everyone involve here.1 don't want to see problems w /those ponds any more than any- one else does. How long does it take this problem to build up? Years, weeks, months ? ?? NEVELLI: Could take about a week In one summer. DOLPH; You can't tell me all of a sudden in week's time in one summer that pond is going to go from crystal clear to being filled with algae and plant life. NEVILLI„ No,but process is going to start. R,CHASE: We're dealing w /degree of severity of problem that none of us here are able to determine, not being engineers. I'm not too sure engineers involved have done an extensive review of this problem either. F,BECK: (Atty) I'd like to know whether Bird's or Katzenstein's have any other problems that haven't been expressed tonight? STUMBAR: I think we've only explored surface -- compelling problem here is that we need environmental. impact statement -- that'll tell us if we need anymore. I think we have enough problems here to trigger need for this, Certainly none of us in position to'say how many other problems there may be. GALBRAITH* I think Bird's concerned that present spillway can't accomodate water and they're going to have flooding. There's no data on this so we don't know what's going to happen. DOLPH; I've watched that spillway for long time - -water that comes off hill. goes down spillway now just like it will 10 yrs, from now, if there's a million lots up there because topography is same, It's maintained ery well in past 3 floods, no reason for change, r GAL4BRAITH: ° I m not engineer, but you've got be increasing speed of run -off by putting in road4by clea7.°ng and developing lots. I don't know what's happened in Dolph's life time, but I would expect there's going to be a lot more water going down there a lot more quickly, Pond actually goes.into his home, If level of pond goes down, they'd be big open space in Bird °s lv. room - -they don't want that because all critters would be coming i:: DOLPH* In our deed with him he has right to go open drain on upper pond to take water off that which goes to pond level control box and in turn, fill his pond up. GALBREATH* My point was, it doesn't make much sense to talk about drain to Bird's pond. Just isn't enough data. Like Stumbar said, there may be other problems we don't know and we'd just like to see more information. DOLPH: I think all this is a bit premature because we haven't gotten mayor agencies recommendation that's involved in policing what does on, and that is Anderson's report - -he's expert on sub. Jvt t, and those are criteria set forth & we haven't seen his report. CALDWELL: We could request Anderson be lead agency. STUMBAR: I spoke to Anderson, & went in to see what situation was.w/enviromental review - -he's not interested in being lead agency. This is Town matter, that's what he said over phone- - Whether he would change his mind if it were actually referred to him I don't know. He said he's kind of getting tired of Town referring things to County all the time as lead agency when he thought it was more a local issue. CALDWELL: Town has referred other matters in past w /no problem. If we declare him lead agency then he has to go ahead & make what- ever assessment. He will still have to give us a written report & after hearing is closed we have 45 days in which to make de- cision. H.SLATER:(questioned about enviromental impact) "Would that effect your time frame in any way ?" DOLPH* I'd haves to turn that question to my engineer. CALDWELL: I'll declare hearing closed. We have up to 45 days to make our decision also SEQR determination we can request Health Dept.'s Anderson be lead agency. R.CHASE:Doefi't mean we have to abide by his decision -he'd be In best position to give us information we lack. Ra CHASE MADE MOTION J VOTE ALL YES CARRIED AGENC TER__ We' have at least 1 regular meeting and probably 2 special mtgs., within next 45 days. Public hearing application for Dan Parks amendment for 3 lots in Genung circle subdivision on Snyder Hill. Parks present(acting 'iagent for mother. in- law, presented maps with proposal to straighten and improve lot lines pointed out change on map. (Lots ## 68 -10, 68.11, & 68 -15) No comment from public. Planning Board hearing closed. R, M. BOBNICK MOTION TO AUROVF CHANGF -AS SHOWN ON MAP. NO SIGNIFICIENT ENVIROMENTAL IMPACT CHANGE, 2nd-- R. CHASE NO DISCUSSION — VOTE ALL YES CARRIED Caldwell °file amended map with County .Clerk. 0 4; 6. D.Gilbert present -- update on rd. changes - -wards & specs from r9 *81 copies made for each Bd. Member, Used to oe 50' r -o -w now 60' required - -now require oil and stone -- preferred turn around pictured - -no circles turn arounds prefer "TarLe* Short discussion of Zwart---r -o -w from Crystal Drive to .Bridle Lane - -no plans far development now. e CALDWELL* I hate to give up r -o -w. No action taken. PRELIMINARY DISCUSSION B.KEECH present for 5 lot subdivision on Beam Hill. M.Pirsic backed off on purchase- -Keech will develop all lots himself:, same as he did Knollwood•Lot lines and plans same as Pirsic had. G.Lamotte did look property over -- presented map- discussion of driveway entrance on lot -- scheduled hearing for Sept.18th at 8:OOPM. J.Comme:rford present -- relates to construction of 2 sites in Parkwood Village Mobile Home Park on Hanshaw Rd. Licensed for 148 & have eliminated one site(put large home in -- eliminating #34 lot: & rebuilding it here & calling it lot 85A. As long as we have to do that & put new septic in we're asking_ Anderson's permission to add 1 lot(constructing 2 lots but net gain of 1 lot. Park will go from 148 lots of 149 lots - -no change in road layout- tapping into existing water lines, etc. This has been to Town Bd- -had hearing - -it was referred to Planning Bd. pre- sented detailed sketch & letter to Anderson - approval by Health Dept. R.LAMPILA MOTION TO RECOMMEND TO TOWN BOARD- PARKWOOD VILLAGE BE ALLOWED TO GO TO 149 UNIT PARK SECONDED R.M.BOBNICK -0 NO :DISCUSSION VOTE ALL YES CARRIED C.BROWN: Mrs.Creasy did all work on this - -we've prepared copy of our proposal for each Board member and M. Webb. Included copies of individual petitions done by roads in general. Over- whelming response. People really want this - -99% plus.) I thank you very much for your time. idhere do we go from here ?" B.CALDWELL: We take this into consideration or deliberation on our changes, Whether zoning ALnge for specific area or major document change- -ours is only recommendation to Town Board. I would suspect Planning Bd, will want to take this hand in hand w /outline from Gary Evans to show what people want in that area when it comes to actual mapping. C,BROWN: Not much chance of action before, then? B.CALDWELL: We'll have to discuss it - -at last working session of Planning Board, Mr.G.Evans from County said he would give first part of suggested revision which he did. We're just hauling them out tonight and calling date for next session. From there we will have a little idea on what we're doing in termcy"6f time. R,LAMPILA: Are you satisfied with zoning regulationSas they are In RB 1 overall? C.BROWN: Yes -- reason we want to go to be most restrictive, not looking it to remain rural residential. H.SLATER: You want to preserve quality and appearance of low density - residential areas compatible to farm use. from RC to RB1. to suburbanize Not trying area- -want 7. C.BROWN: That's correct -- exactly what we're looking for! One thing that is very important to people in area is if were RB 1 there would be no more trailer parks. We have enough. In our end of Town we have real problems with them(water & pollution.) General discussion letter to clear up problems rather than to just say we don't want the problem. Set working session for Thurs.Aug.28th at 8:00 for Zoning revisions. Head minutes for June 19th & July 17th. H.SLATER MOTIONED TO APPROVE MINUTES OF JUNE 1 SECONDED---R.M.BOBNICK VOTE ALL YES CARRIED AS SUBMITTE R.M.BOBNICK MOTIONED TO APPROVE MINUTES OF JULY 17th SUBMITTED SECONDED by H.SLATER VOTE ALL YES CARRIED A.REED questioned if anyone {,ad reed water /sewer study on Rt . 366. M.WEBB- No, I'll talk to Clint. R.LAMPILA MOTION TO ADJOURN SECONDED R.CHASE AS VOTE ALL YES MEETING ADJOURNED 10:30PM Secretary,